Minutes - TRIPS Council - View details of the intervention/statement

Mr. S. Harbinson (Hong Kong)
A Draft agreement between the WIPO and the WTO
2. The Chairman recalled that, at the Council's meeting on 21 November, he had put before the Council a draft agreement between the WIPO and the WTO contained in document IP/C/W/17, which he had drawn up together with the representative of WIPO, Ambassador Loizaga of Paraguay, Chairman of the WIPO Coordination Committee. Given that delegations had received the text just before the meeting and also that certain points had been raised regarding, in particular, Article 5(2)(b) of the draft, the Council had agreed to meet again on 11 December with a view to taking action on the proposed agreement. Since the last meeting, further consultations had taken place in the framework of WIPO given that the issues regarding Article 5(2)(b) were primarily of concern to WIPO. As a result of these consultations, he had proposed two amendments contained in document IP/C/W/17/Add.1. The first was a purely technical change designed to remove any risk of confusion with the status of "Contracting Party" under the GATT 1947. It aligned the language with the WTO Agreement which referred, above its Preamble, to "Parties". The second change simplified Article 2(5) by removing references to countries in transition. These two changes had also been put to the members of WIPO at informal consultations held on 8 December. Ambassador Loizaga had informed him that they had been agreed in that context.